We structure the foreign company’s presence in the United States and coordinate its business and tax planning needs with accountants and tax advisors.
Deborah A. Nilson has 30 years of experience representing foreign clients in all aspects of transnational corporate ventures, including the formation of local entities, acquisition of existing U.S. businesses and contractual relationships with American counterparts.
Mergers & Acquisitions
We handle acquisitions and mergers of privately-held companies, and have experience with multinational acquisitions.
Our firm deals with all aspects of day to day corporate governance. Upon request, we also offer fiduciary management services for those clients who lack a U.S. presence, which could include providing a U.S. address, basic bookkeeping, supervision of a sales force and reporting to the foreign parent.
We regularly advise companies, their boards of directors and/or management on a variety of employment-related issues, including:
- Drafting and tailoring employee policies and procedures (including Employee Handbooks);
- Contract negotiations, including offer letters, employment agreements, and independent contractor agreements;
- Compensation matters;
- Drafting non-disclosure and confidentiality agreements;
- Wage and hour law matters;
- Terminations, including large-scale workforce reductions;
- Separation Agreements and severance negotiations;
- Compliance with workplace statutes, such as the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Worker Adjustment and Retraining Notification Act (WARN), and state and local employment statutes;
- Enforcement of post-departure employee obligations and restrictive covenants (such as non-competition, non-solicitation); and
- Preventive measures to address claims of discrimination, harassment, retaliation/whistleblowing, or social media issues.
We also advise individual employees on employment matters that do not pose a conflict of interest for our firm.
Intellectual Property Law
We arrange for and review comprehensive trademark searches, prepare and file trademark applications and address issues regarding the registration, including examiner’s refusals and oppositions.
Our firm also has many years of experience pursuing infringers, including for clients with world famous trademarks. We also prepare documents, and draft and negotiate all agreements pertaining to trademarks including cease and desist letters, licenses, assignments, coexistence agreements and settlement agreements. Finally, we also advise clients as to copyright issues and assist in copyright filing, if requested.
We provide legal representation in the drafting and negotiation of most commercial contracts and legal documents, including:
- distribution agreements
- licensing agreements
- joint ventures
- shareholder agreements
- employment agreements
- asset purchase agreements
- consulting agreements
- commercial leases
- non-disclosure and confidentiality agreements
- employee handbooks
- powers of attorney
- guarantees, and
- terms and conditions of sale